36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)

Comment. The original ADAAG allowed fixed shower heads 48 inches high maximum to be used instead of the required hand-held unit in "unmonitored facilities where vandalism is a consideration." This exception had been removed in the proposed rule due to a lack of clarity on the types of facilities that qualify for this exception. Commenters urged the Board to retain this exception due to problems with vandalism which would increase maintenance at accessible transfer showers.

Response. The final rule includes an exception permitting a fixed shower head in certain facilities (608.6, Exception). The Board has limited this exception so that it does not apply to facilities where vandalism is less likely to occur because the use of bathing facilities is controlled or because incidents of vandalism are traceable. These include bathing facilities in medical care facilities, long term care facilities, transient lodging guest rooms, and residential dwelling units.